Is Working Affecting Your Mental Health for a Compensation Claim?
We all know jobs can be stressful. The daily pressures can lead to physical issues and even psychological issues. Especially when an employer happens to conduct atrocious behavior. You may even be able to have a workman’s compensation claim for the mental illness caused by your employer workplace.
Who is eligible?
All employees have the right to file a legal claim or workman’s compensation claim if they think they received an injury while at work. And most employers usually have workman’s compensation coverage or some type of state funded coverage. If you have any serious injuries from an incident at work, you should file a workman’s compensation claim immediately. But if you have been showing signs or symptoms of depression, anxiety or any other mental illness, you still may be able to file a workman’s compensation claim as well. Sometimes the signs are subtle, but it still leaves a big impact on the mental and physical health of the employee.
When filing a claim, you must be able to provide sufficient evidence including documentation from a licensed psychologist. All of your evidence must be clear and convincing. It can be difficult to prove that your mental illness was a direct result caused by your employer or workplace. But it still can be done. Document any events to help prove your case and always keep track of dates, times, any witnesses and other important details.
You might have a case if…
If you feel you have been impacted so much by the behavior of your employer or the environment of your workplace that it has caused a mental illness, you might have a case. You should speak with an employment or mental health attorney to know your rights. Common causes could include belittling, intimidation, yelling during work or aggravating conditions in the workplace that could include timers, monitoring and excessive control.
Employer Responsibilities Regarding Mental Health
In recent years, workplaces have been known to implement programs benefiting the physical, mental and over wellness of the employees. Even adding a Chief Wellness Officer to staff. But what else can employers can do to help break the stigma about mental health and talk about it more openly in the workplace?
Many employees are afraid to talk to their employer about mental health and for many reasons.
- Afraid of losing respect from their employer
- Afraid their job or promotion could be at risk
- Feeling ashamed
- Increased anxiety
- Afraid to ask for accommodations
What can employers do to help?
Employers need to take on additional responsibilities to help with mental health in the workplace.
- Work-life balance – Giving the option to work from home can help decrease anxiety in employees. Having the flexibility to know that they can work from home, let’s say during a bad storm when weather makes it difficult to get to work, will eliminate any extra stress. The fair policies in place should be beneficial to both the employees and company.
- Paid Time Off – When employees receive paid time off, they will not feel guilty or uncomfortable when they are unable to go to work if they are sick. By having less options like this at work, many employees feel powerless. Plus, time off helps better the performance of employees, which benefits the company overall.
Communication is key!
Communication is of course key. Employers should talk openly about their policies that help with the mental health of their employees. The way employees interact with each other at work and the environment of the workplace can play a big impact on the mental health of employees and their performance, which is why employers want to make the workplace an ideal and pleasant experience for all.
How Social Media Can Impact Your Mental Health Case
Social media has taken the world by storm. It has changed the way we interact with each other by using platforms like Facebook, Instagram and Twitter. We use these to update everyone on everything going on in our life. But sharing too much information can be harmful to your legal case.
Photos & posts
Photos and updates have been used more and more as evidence. These things can produce doubt in your character as well as your version of events highlighted in the case. If you are facing an injury or mental health case, posting posts or photos about you doing things that goes against you claims could really harm you. If you are claiming you have an injury, but post something about you dancing, that could be an issue. Or if you are claiming that you are suffering from depression, but posts that you are out having fun, this could discredit you. Admitting really anything about your case or your incident could be used against you. Especially if you are using apps that having tracking devices on them as they could dispute the time and place of your whereabouts. Keep in mind that posts can usually be inadmissible in court, but photos and videos are very hard to dispute. It is best to keep a low profile while going through any legal case, especially if it is a mental health case.
Emotional distress & mental health
Cases that revolve around pain, suffering emotionally or mental health can still use social media posts as evidence. If you are portraying a very positive and happy life, this could be used to question your credibility and claim that you are really suffering emotionally. And in most cases, this has actually worked. Even photos of you out at social activities smiling could be used against you.
To protect yourself from having this kind of evidence brought forward to harm your case, you should avoid posting on social media or even deactivating it for a while. You may think that your information is private, but it is better to be safe than sorry. If you are open with your attorney through the whole case and never talk about your case on social media, you should be ok and avoid drawing any extra attention to yourself.
Benefits of Using a Criminal Defense Lawyer Specializing in Mental Health
If you are involved in a legal case which includes issues surrounding mental health, it is important to use a knowledgeable criminal defense lawyer who specializes in the area to represent you. Not only will these attorneys be more compassionate and understanding of your situation, they are also specialists in the field and have more detailed knowledge about mental illness than the typical criminal defense attorney. Keep reading to learn more.
A More Compassionate Understanding
Legal battles centered around victims of mental illness can cause a wide range of emotions for those involved, and this may include close friends and family members. Having an educated lawyer who is experienced in the field will help ensure clients that their attorney has experience helping other people who have found themselves in similar situations. A lawyer who is actively compassionate towards your case, and mental illness in general, will most likely be better equipped to handle and sympathize with your individual situation.
Experts in the Field
When isn’t it a good idea to hire an expert in the field? You wouldn’t hire a foot surgeon to perform open-heart surgery, so why would you hire a random attorney to represent your mental health case? Hiring an attorney who specializes in mental health will help you in your case because they will be the most informed about the issues and will have access to up-to-date information.
When mental health issues are involved, there may be more complicated paperwork to fill out and give to the courtroom. If an attorney is not aware of specific laws surrounding mental health in the state, they may be missing out on giving their clients a better final verdict. Attorneys who are already familiar with all of these laws may be able to save time while giving you more informed information regarding your legal rights in the case.
Photo by Kat Smith
Program Tackles Mental Health Talk at Arizona Schools
Thanks to a new program, mental health is starting to be discussed more in Arizona schools starting this year. There are currently no standards for mental health education in Arizona schools. But some school districts are taking the issue into their own hands and changing the current system by opening up the conversation on mental health.
“Ending the Silence”: A New School Program
Suicide is the 3rd leading cause of death for 10 to 24 year olds in the United States. According to the National Alliance on Mental Health, around 18 percent of Americans suffer with a mental illness. That is why they have started the program, “Ending the Silence”. The program consists of a classroom presentation for middle and high school students to raise awareness and reduce the stigma surrounding mental health.
The Program has Already Been Adopted into Several Schools Throughout Southern Arizona
Arizona is planning to expand the program across even more schools in the state. It has already received positive and encouraging feedback from participating students, with 19 percent reporting that is has made them take action to get help. Take home handouts are also available to help students feel more comfortable about openly discussing the topic with their parents. The stigma surrounding mental health has been an issue causing teens and young adults to feel embarrassed or ashamed, preventing them from talking about it.
Some School Districts are Also Starting to Require Health Education
There were 47 reported suicides in Arizona in the year 2015 and 98 percent of them were found to have been preventable. Because of this, some school districts are creating health education classes as required credits to expose students to more mental health education. Arizona schools are hoping that by opening up the conversation about mental health, more students will understand it and feel more comfortable asking for help.
Photo by Michal Jarmoluk
Are Arizona Prisoners Being Treated Properly for Mental-Health Issues?
Photo courtesy of: Jim Jackson
In the recent years, the Arizona Department of Corrections has been held accountable for improper treatment regarding health issues of all kinds. In an effort to improve the situation, a court order was placed on the Arizona prison system. However, the order has been ignored so many times that a United States judge has considered holding the prison system in contempt of court.
There has been countless cases of the prison system failing to treat physical issues, and it seem apparent that mental-health issues are not being treated properly either. For Arizona prisoners struggling with mental illnesses such as bipolar or schizophrenia, it is difficult for them to get on the right medication and properly treat and diagnose their serious medical conditions.
One inmate who suffers from bipolar disorder, describes the quality of mental-health treatment in the prisons as poor and not improving. He went on to describe the doctor visits as the opposite of therapeutic. Victims of mental-health issues in Arizona prisons generally only see a doctor once every three months, often for just three minutes. These serious conditions require much more care and consideration while being treated, and this treatment has been described by many to be inadequate and unhelpful.
Since prisoners usually do not see the same doctor, a plethora of different medications may be prescribed to one individual. People suffering from mental-health issues need to be put on a long-term plan so they can manage their lives to the best of their ability. People have begun voicing their concerns about the impossibility of managing serious mental-health issues without stability or true guidance in the Arizona prison systems.
The most troubling aspect is that many of these prisoners are scared to speak out because they fear harsh punishment. This prevents progress from happening, and allows the Arizona prison system to continue their unlawful health practices.
Photo by Jim Jackson
Arizona Raises Awareness for Mental Illness
Candlelight Celebration For Mental Illness Awareness
Every year, a candlelight celebration is held to raise awareness for mental health in downtown Phoenix. The Mental Health Awareness Coalition and Arizona State University Center for Applied Behavioral Health Policy hosted the 22nd annual celebration this year with the theme of embracing the journey that mental health has put many people on. While mental health is a difficult thing to deal with and can cause serious pain, it is important to celebrate those who have conquered or who have begun to get in control of their mental health and to honor the journey they have been on because of it.
Aside from bringing awareness to and celebrating mental health, this event provides Valley residents with a number of resources for those who need or know someone who needs help with mental illness. At the event, attendees have the opportunity to speak to the representatives of many different organizations that provide help and resources to valley residents struggling with mental illness. This event is so helpful because it shows people what types of help are out there and it allows them to gain information all in one place.
Arizona’s Lack Of Mental Health Care
Although this event and others like it are designed to provide resources to those in need of mental health guidance, access to mental health care is still lacking. According to Mental Health America, Arizona ranks 40th in the country’s access to mental health care. One of the biggest problems is de-stigmatizing mental health and mental health education.
Events like the one held by The Mental Health Awareness Coalition and Arizona State University Center for Applied Behavioral Health Policy are a great step in the right direction because they spread awareness throughout communities. Not many people feel comfortable talking about mental health, but having events that celebrate it encourages them to do so. The more people that are educated about mental health the more progress that can be made.
Photo by Andreas Lischka
Tent City to Become Rehab Center
Since the infamous Tent City was recently shut down, Sheriff Paul Penzone announced that an air-conditioned space previously apart of the jail will be turned into a facility to help treat those suffering from substance abuse and addiction. Transforming Tent City into a rehabilitation center is apart of an ongoing effort to help keep repeat offenders out of the prison system and will help them live normal, productive lives.
The rehabilitation center will have space for classrooms and places to sleep. Sheriff Paul Penzone recently spoke about the new facility and said, “we want to ensure that [chronic offenders] have an opportunity to be productive, to not return here to this jail. I hope that all those in our community recognize the investment that we are making to become a more holistic Sheriff’s Office.” Penzone hopes to reduce the rate of recidivism and come up with solutions that will get to the root of the problems many repeat offenders face such as drug addiction and mental illness.
There are also plans for a proposal that would include an employment center for inmates, as well as a community corrections center. Both of these announcements quickly followed the retirement of Tent City. Not only will the changes being made help repeat offenders in the long run, it will also reduce spending by almost $5 million each year. Penzone also hopes that the investments being made will decrease crime rates in Arizona.
The rehabilitation inmate program is seven weeks long and will help inmates to identify early trauma and patterns of behavior. These services will benefit many people who most likely do not have the resources to visit specialists on their own. Once the program is over, the inmates will be given resources to help make sure they have opportunities to succeed when they are out in the real world.
Photo by Лечение Наркомании
Arizona Prisons Struggle with Rise in Inmate Self-Harm
As the mental health care in state prisons becomes increasingly worse, more and more inmates are attempting to harm themselves. New reports on inmate self-harm have come in as a result of the ADC attempting to settle a lawsuit over poor health conditions in state prisons. According to the data, hundreds of inmates in Arizona prisons have hurt themselves and tried to take their own lives this year.
Mental Health in Arizona Prisons
Inmate self-harm has increased dramatically in the past year due to the lack of mental health care in state prisons. According to the ADC report, total incidents have increased by 70 percent. Over 80 inmates have tried to hang themselves and more than 138 have tried to overdose. The number of inmates using blunt force trauma such as banging their head against the wall of inserting sharp objects into their bodies to harm themselves has also almost tripled in just one year.
What this problem comes down to is the understaffing of health-care professionals in state prisons. For example, the state prison in Douglas, AZ has no medical director and just one psych associate. There’s just not enough care about mental and physical health in the state prison system and therefore no one is worried about getting resources into the prisons to help people get better.
The state prison in Phoenix, which was designed for seriously mentally ill inmates, has less than half of the psychiatric staff that was supposed to be employed there, as well as having no psychiatric director and no mental health director.
In attempts fix the self-harm problem, the state is now training personnel on how to handle inmate self-harm incidents. They have also started a program to help watch and transition inmates back into the population after they’ve harmed themselves.
According to the ACD, the year 2018 is already on track to be the worst in inmate self-harm.
Photo courtesy of Pavlofox
Arizona Moving To Add AHCCCS Five-Year Limits
Arizona is moving to tighten requirements for Medicaid eligibility. It could become one of the first states to impose work requirements and five-year lifetime limits on “able-bodied” adult enrollees. While this plan has been delayed for over 5 months, the Trump administration appears to be favorable to the plan and the state hopes to get their answer in 2018.
What Does “Able-Bodied” Mean?
Abled-bodied is defined by the law as anyone over the age of 19 who is mentally and physically capable of having a job. Under this new requirement, anyone who is judged to be mentally healthy enough to work a job can only be covered by Medicaid for 5 years in their entire life.
There are exceptions to the able-bodied requirement for people in certain circumstances. These exceptions apply to anyone who is still in high school at or after age 19, sole caregivers of children under age 6, anyone who qualifies for the Arizona Long Term Care System (ALTCS) and anyone already receiving long-term disability. For people with the above circumstances that may be able to be insured by Medicaid for longer than 5 years.
What Does This Mean For Mental Health?
If you are determined by a medical health care professional to be mentally unfit for employment, you can still apply for Medicaid and may be eligible for longer than five years. The draft of the new law is not specific enough yet to list what determines a person’s mental health status. It does not exempt people with disabilities and mental-health issues.
Other Provisions To The Law
The draft of the new law contains other provisions for people who are eligible to receive Medicaid. They include:
- Enrollees would be required to verify that they are meeting the work requirement and any changes in family income on a monthly basis.
- The ability to ban enrollees for a year if they knowingly fail to report a change in family income or make false statements about their compliance with work requirements.
Photo by Paul Fearn